Category Archives: Miami Expungement Attorney

Why Having a Clean Driving Record is Beneficial in Florida

Why Having a Clean Driving Record is Beneficial in FloridaA clean driving record is when a driver’s history has no moving violations or accidents over the last three to five years. However, what constitutes a clean record can vary depending on the situation. For example, Uber, long-haul trucking companies, and car insurance providers have more strict standards for clean records.

 

If you have questions about how to remove a ticket from your record, contact a Miami expungement attorney for help.

 

Tickets for accidents caused by your driving and DUIs can impact your record the most. The more severe the incident, the harder it is to remove it from your record. Infractions are given points and vary depending on the infraction (such as a DUI-related accident or a speeding ticket).

 

Moving violations will land you anywhere from three to six points in Florida. Common infractions include:

 

  • Reckless driving – 4 points

  • Speeding – 3 points

  • Passing on entering/exit side of a school bus while it is stopped – 4 points

  • Failure to stop at a red light – 3 points

  • Failure to yield the right-of-way to a pedestrian – 3 points

  • Leaving the scene of an crash with more than $50 of property damage – 6 points

 

Having a clean record can benefit you in several ways. Your insurance premium is likely to be far less than a record with multiple accidents. However, if you believe that your traffic ticket was issued when following the traffic signals, contact a Miami traffic ticket lawyer from Hochman & Goldin, P.A.

 

Our attorneys can help you fight your ticket for as little as $69. Visit us online to learn more.

Safety Tips for Florida Drivers in the Winter

Hochman BlogThe holidays mark a time of a great amount of travel. Many will be traveling far and wide to visit family and friends for Christmas and New Years. True, Florida does not see much winter weather – it is actually one of the states with the least severe cold weather months. Whether you are heading up north or staying in Florida, a few of these tips will help you ensure you are safer on the roads when it is cold out.

 

However, traffic tickets still happen during the holidays. If you have received a traffic violation and wish to fight it, contact a Miami traffic ticket lawyer.

 

Always get your car inspected before a road trip. A quick trip to the auto shop can save a lot of headache and money down the road. In colder temperatures, engine coolant, wiper fluid, and other essential fluids in the car could freeze or be impacted by the cold.

 

Double-check that your insurance is up-to-date. You do not want to get pulled over on your trip with expired insurance. In some cases, driving without insurance may cause license and plate suspensions. Plus, if you get into an accident or your car breaks down and you need a rental, updated insurance will make the process much smoother and more cost-effective.

 

Finally, do not forget to check the forecast ahead of time. If you will be traveling somewhere that snows, purchase the proper equipment for your vehicle.

 

If there is a ticket you would like to get off of your record in 2022, contact a Miami expungement attorney for assistance.

Driving Safety During Thanksgiving

Hochman BlogThanksgiving is just a few days away, meaning there will be a lot of drivers on the road on their way to visit their loved ones as well. Expect traffic to increase, as well as accidents on highways and smaller roads. It is important to be vigilant while driving when there are so many people out on the road. Here are a few tips to help make sure your Thanksgiving holiday is a fun and safe one.

 

However, if you receive a speeding ticket on your way to your in-law’s house, contact a Miami traffic ticket lawyer – we may be able to help.

 

If you are driving for long distances, be sure to get your vehicle checked out beforehand. A local mechanic/auto shop can do a performance check for fluids, the engine, headlights, brakes, turn signals, and tires. If there are repairs to be had, do not wait.

 

Take rest stops and designate a driver if you will be drinking. Traveling long distances will mean you will get tired. Take a break and stretch your legs or drink some water. It will help you stay alert. If you will be drinking at all during any holiday gathering, designate a driver. Even if it is one glass of wine, designate a driver. There will be many people on the road, and you want the driver to be as aware as possible to mitigate any issues.

 

Finally, be patient on the roads. No one wants to sit in traffic, but aggressive driving can land you a ticket (if that is the case, contact a Miami expungement attorney). Do not speed or tailgate other drivers. Frustration can cause drivers to make careless decisions in the name of getting to their destination faster, but stay calm, cool, and collected to help make sure you and your passengers, as well as others on the road, get to where they are going safely.

What Happens if You Drive With a Suspended License

Hochman BlogDriver’s licenses are practically a necessity. Driving allows us to have reliable transportation to work and school while helping us maintain other important aspects of life. So, when someone has a suspended license and needs to get somewhere, driving even when they should not is tempting – but what actually happens when you drive with a suspended license? Is it a minor traffic offense or potentially serious?

In Florida, driving while your license is suspended or revoked may be considered a criminal offense, with jail time and fines possible if you are proven to know before the incident that your driving privileges no longer existed. Simply being unaware of a suspension will cause you a moving violation, in which case you would need to plead guilty and pay the fine, leading to potentially serious implications down the road. Therefore, the help of a Miami traffic ticket attorney is essential.

The first time someone is caught driving with a suspended license often results in a second-degree misdemeanor, with up to 60 days in jail and/or a fine of up to $500. A second offense elevates to a first-degree misdemeanor, with up to a year of jail time and or fines of up to $1,000. If you are caught a third time or more, the third-degree felony can result in five years of prison time and fines upwards of $5,000.

If you have had a ticket in the past, expunging your record may help you finally feel free of the offense. Contact a Miami expungement attorney from Hochman & Goldin, P.A., to find out more.

School Zone Driving Laws

Hochman BlogSchool is back for Floridians across the state and a special set of driving laws along with it. Roads will undoubtedly become more crowded in school zones, with the highest times for traffic being the morning and afternoon. There will also be a large increase of pedestrians, cyclists, and school busses that drivers should be cautious of in and around school zones.

 

A recent AAA survey found that fifty-six percent of drivers pass a school zone on their daily commute, but that they also engage in risk behaviors when driving, such as speeding in active school zones and using cell phones while driving through those zones. If you are facing a traffic ticket, a Miami traffic ticket lawyer may be able to help.

 

Aside from speeding and the use of cell phones, many drivers do not heed the warnings and laws associated with school busses. Drivers must stop when approaching a school bus with red flashing lights on and the STOP arms out. However, nearly twenty-eight percent of Florida drivers drive around buses in these circumstances or cut off a bus because of its low speed. However, if you were given a traffic ticket in these circumstances, a Miami expungement attorney may be able to remove the ticket from your record.

 

Both two-lane and multi-lane paved across medians are areas that require drivers to stop for a school bus. However, in a divided highway, vehicles driving the opposite way across the highway do not need to stop but instead should yield.

The Most Common Major Traffic Violations

Hochman BlogTraffic violations, both large and small, occur every day and range from minor offenses to serious charges like misdemeanors and felonies. Not everyone in their life will run into issues with traffic violations – some will face minor charges while others may face jail time, depending on the offense. While smaller violations are common, there are a few larger offenses that unfortunately are too. A Miami expungement attorney can help you fight your tickets and expunge your records where able.

 

Reckless driving happens when a diver is deemed inconsiderate of the safety of others, whether in another vehicle or a pedestrian. If someone flees or eludes a police officer, there is an automatic charge of reckless driving that they will receive, no matter the crime. Most charges will include fines upwards of $500 and 90 days of jail time, though they can vary depending on the severity of the incident.

 

A Miami traffic ticket lawyer can help with leaving the scene or hit and run incidents. Florida law requires you to stop after an accident to exchange insurance information and to administer reasonable assistance for any injuries where need be. Any accidents with at least $500 worth of damages must be reported to the police. If you do not, you will face misdemeanor or felony charges depending on how much damage occurred. A minimum of a misdemeanor with 90 days jail time and a fine of $500 will be given out, but penalties will be more severe if death or serious injuries occurred.

Reckless Driving in FLorida

Hochman Goldin BlogDriving recklessly is extremely dangerous but easy to get pulled into if you are not remaining vigilant and careful on the road. Tailgating, weaning in and out of traffic, and speeding are all considered reckless driving. If caught, there can be high penalties, depending on the outcome.

Florida defines reckless driving as any individual driving a vehicle in willful disregard for another person’s safety or property. Reckless driving is considered a misdemeanor in Florida and can land you jail time if the outcome is bad enough. Most charges include a $500 fine, up to 90 days in jail, or both. A second offense will cost these charges to double. If property damage was involved, or you caused injury, you will need a Miami traffic ticket lawyer because these charges are a third-degree offense. You will likely face a fine of $5,000 and up to 5 years in jail.

However, there is a difference between reckless and careless driving. While many get the term confused for one another, they cannot be used interchangeably. Careless driving is speeding, weaving in and out of traffic, tailgating, but does not include the “disregard” for others’ included in reckless driving. Essentially, they are unintentional accidents, but they can still wind up on your record. A Miami expungement attorney can help you dispute these charges if you feel they were given to you unnecessarily.

These charges are typically a fine from $160 to $500 and court costs. You will earn points on your license as well – most moving traffic violations are 3 points, but careless driving typically ends up in four points. You can also get a withhold of adjudication, which means the offense will not end up on your record. However, this is only available where there were no property damages or injuries to others and if it was the first offense.

What to Expect in Traffic Court

Hochman BlogIf you want to fight a traffic ticket, like speeding and running red lights, you may end up in court. You will not have a jury (these trials are referred to as bench trials), and while every case is different, you can expect a few universal things in Traffic Court.

Traffic court is quite different from criminal court, which typically is reserved for felonies and misdemeanors only. Minor traffic violations are considered crimes, but they are not handled like one in a courtroom. This type of court is usually less formal, and you may see people representing themselves. However, we recommend a Miami traffic ticket lawyer to help represent you if you end up in court. Since traffic violations are mostly minor infractions, people walk away with fines, not jail time.

Government evidence will be presented, which is more often than not the testimony of the officer who issued the ticket. The defendant is you, and the prosecutors are the state, but there are no prosecutors in some states. The defendant will get the chance to cross-examine the officer and ask their own questions, as well as present their own evidence that supports their case. Then, the judge will decide on whether the defendant is guilty or not.

If found guilty, you will have to pay fines and sometimes go to traffic school to correct the offense.

If your case was dismissed or you granted withheld adjudication, a Miami expungement attorney may be able to help your seal or expunge these charges, even for minor offenses such as traffic violations.

What SR-22 Insurance Means for Florida Drivers

Screen Shot 2021-05-07 at 4.51.19 PMIf you have been convicted of driving violations such as DUIs and driving without insurance, you may be required to purchase SR-22 or FR-44 insurance in order to reinstate your license.

SR-22 insurance is filing for proof of coverage, which your insurer will send to the state DMV to prove you have liability insurance as required by the state of Florida. This will cost exponentially more than other types of auto insurance. This is because you have been identified as a high-risk driver, or because you were required to obtain filing originally (in the case of driving without insurance).

FR-44 insurance is costly because of the severity of DUI convictions and higher liability insurance requirements.

If you’ve been deemed a high-risk driver by the state of Florida, your license may be suspended and you may be required to get SR-22 insurance to be able to drive legally again.

It’s important to note that this type of insurance is not separate auto insurance, but an insurance policy for automobiles and motorcycles that has an SR-22 endorsement attached. Due to this, you must purchase a policy that meets the state of Florida’s required insurance liability limits, and have the insurer submit an SR-22 for you.

This update is brought to you by the Miami traffic ticket lawyer team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-515-5284 to speak with a Miami Expungement Attorney today.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

Florida Bills Seek Cameras for School Zones

road-192747_1920Earlier this month, South Florida lawmakers sought to gather more aid in backing House and Senate proposals (HB 357 and SB 1474). These bills are aimed at permitting local governments to implement traffic cameras in school zones.

The bills would penalize drivers that are snapped driving more than ten miles per hour over the school zone speed limit. Violators will be fined $132 by the House bill, with around half of the money designated for Florida’s general revenue fund. The city government will collect the brunt of the remaining money, with lesser percentages being given to the Florida Department of Law Enforcement, the school system, and some children’s hospitals.

If cars are photographed speeding into school zones, they will get traffic tickets, and the money received will be distributed in the same manner as the House bill.

While the bills may seem like a good cause, they aren’t being embraced without a bit of concern. Automated compliance, according to some civil rights organizations, may not be the best approach. Lawsuits against them are still pending in the courts. Red light, as well as speed cameras, are prohibited in ten different states. The use of these instruments is not addressed in any manner by Florida statute.

The aim is to protect children, not to give tickets or raise fines. Before any violations are given, counties and cities with these protection programs must notify their residents about the cameras and give alerts. Florida has long allowed cameras to catch pictures of drivers speeding through red lights, and politicians have evaluated repealing the law.

Should you have any questions about a citation, as your Miami traffic ticket lawyer we’re here to help you fight your ticket. Contact us today to discuss your case or if you need the services of a Miami expungement attorney.